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FOR  USE  ONLY  IN 

THE  NORTH  CAROLINA  COLLECTION 


JUVENILE  COURTS 

IN 

NORTH  CAROLINA 


SPECIAL  BULLETIN,  No.  2 

ISSUED  BY  THE 

N.  C.  STATE  BOARD  OF  CHARITIES  AND  PUBLIC  WELFARE 
Mbs.  Kate  Burk  Johnson,  Commissioner 
Raleigh,  N.  C. 


RALEIGH 

Capital  Printing  Company 
State  Printers 
1923 


f>  /  a.AIS~ 


JUVENILE  COURTS  IN  NORTH  CAROLINA 


Q.  What  is  a  Juvenile  Court? 

A.  It  is  a  special  division  of  the  Superior  Court  for  hearing 
children’s  cases  apart  from  those  of  adults. 

Q.  Why  is  a  Juvenile  Court  necessary? 

A.  Not  only  to  protect  children  from  the  stigma  of  a  trial  in  a 
criminal  court  and,  perhaps,  from  association  with  hardened 
criminals,  but  also  to  study  the  needs  of  the  child  with  a  view  to 
intelligent  treatment. 

Q.  What  is  the  nature  of  a  Juvenile  Court  hearing? 

A.  The  Juvenile  Court  is  not  a  child’s  edition  of  a  criminal 
court.  It  is  an  informal  yet  dignified  proceeding  to  determine 
what  steps  should  be  taken  to  prevent  a  child  who  has  exhibited 
delinquent  tendencies  from  becoming  a  criminal,  and  to  save  a 
child  who  is  living  in  destitute  or  demoralizing  conditions  from 
the  consequences  of  neglect. 

Q.  What  is  the  chief  distinction  between  a  criminal  court  and  a 
Juvenile  Court? 

A.  A  criminal  court  is  concerned  chiefly  with  determining  the 
guilt  of  an  offender  through  prosecution  and  trial,  and,  if  guilt  is 
established,  meting  out  punishment  to  suit  the  crime.  In  the 
Juvenile  Court  the  question  of  guilt  or  innocence  as  to  a  particular 
act  or  acts  is  wholly  subordinate  both  to  an  examination  of  the 
character  and  condition  of  the  child,  and  to  an  investigation  of 
the  social  factors  responsible  for  the  child’s  being  brought  to 
court  to  determine,  if  possible,  what  should  be  done  to  save  the 
child. 

Q.  What  is  the  underlying  assumption  of  the  Juvenile  Court? 

A.  That  the  child  is  the  ward  of  the  State,  and  is  entitled  to 
the  protection  of  the  State,  when  its  welfare  and  happiness  be¬ 
come  endangered.  The  court’s  function  is  parental.  The  court 
should  proceed  as  does  a  wise  parent,  and  should  have  before  it 
all  the  information  that  can  be  secured  before  any  decision  is 
reached. 


3 


Q.  On  what  basis  is  the  Juvenile  Court  system  in  North  Caro¬ 
lina  organized? 

A.  With  the  county  as  a  unit.  Every  county  in  the  State  has  a 
Juvenile  Court,  which  is  a  part  of  the  Superior  Court  of  the 
district. 

Q.  Are  there  other  Juvenile  Courts  in  the  State? 

A.  Yes.  A  city  of  10,000  population  is  required  to  have  a  city 
Juvenile  Court,  while  towns  of  5,000  population,  if  they  are  not 
county  seats,  and  if  they  have  recorders’  courts,  may  have  sepa¬ 
rate  Juvenile  Courts.  Under  certain  conditions  a  city  Juvenile 
Court  and  a  county  Juvenile  Court  may  be  combined. 

Q.  Who  are  the  Juvenile  Court  judges? 

A.  In  every  county  the  Clerk  of  the  Superior  Court  is  the 
Judge  of  the  County  Juvenile  Court,  while  in  City  Juvenile  Courts 
the  recorder  acts  as  judge,  or  a  special  judge  may  be  appointed 
for  the  purpose  by  the  governing  body  of  the  city. 

Q.  How  are  Juvenile  Court  judges  paid? 

A.  The  compensation  of  the  County  Juvenile  Court  judge  is 
fixed  by  the  Board  of  County  Commissioners  and  paid  from  gen¬ 
eral  county  funds ;  the  compensation  of  the  City  Juvenile  Court 
judge  is  fixed  by  the  governing  body  of  the  city  and  paid  from 
funds  of  the  city. 

Q.  Who  are  the  probation  officers? 

A.  The  County  Superintendent  of  Public  Welfare  is  the  Chief 
Probation  Officer  in  each  county.  City  Juvenile  Courts  may  have 
specially  appointed  probation  officers. 

Q.  What  children  come  under  the  jurisdiction  of  the  Juvenile 
Court? 

A.  Delinquent,  neglected  and  dependent  children  under  sixteen 
years  of  age. 

Q.  Are  there  any  exceptions  to  this? 

A.  In  case  of  a  child  between  the  ages  of  fourteen  and  sixteen 
years  who  is  charged  with  a  felony  for  which  the  punishment  in 
the  case  of  an  adult  would  be  ten  years  imprisonment,  or  greater, 
the  Juvenile  Court  does  not  have  jurisdiction.  If  a  child  between 
fourteen  and  sixteen  years  of  age  is  charged  with  a  felony  for 
which  the  punishment  as  fixed  by  law  for  an  adult  is  less  than 


4 


ten  years  in  prison,  the  case  must  be  investigated  by  the  proba¬ 
tion  officer  and  the  Juvenile  Court  judge.  The  judge  of  the 
Juvenile  Court  may  in  his  discretion  dispose  of  the  case  or  hold 
the  child  in  custody  or  bind  him  to  the  next  term  of  the  Superior 
Court. 

Q.  Who  is  a  delinquent  child? 

A.  One  who  violates  any  municipal  or  State  law  or  ordinance, 
or  who  is  truant,  unruly,  wayward  or  misdirected,  or  who  is  dis¬ 
obedient  to  parents,  or  beyond  their  control,  or  who  is  in  danger 
of  becoming  so. 

Q.  Who  is  a  neglected  child? 

A.  One  who  engages  in  any  occupation,  calling  or  exhibition, 
or  is  found  in  any  place  where  a  child  is  forbidden  by  law  to  be, 
and  for  permitting  which  adults  may  be  punished  by  law,  or  who 
is  in  such  condition  or  surroundings,  or  is  under  such  improper 
or  insufficient  guardianship  or  control  as  to  endanger  the  morals, 
health  or  general  welfare  of  the  child. 

Q.  Who  is  a  dependent  child? 

A.  One  who  is  destitute,  homeless,  or  abandoned,  or  dependent 
upon  the  public  for  support. 

Q.  Who  should  be  present  at  a  Juvenile  Court  hearing  besides 
the  judge  and  chief  probation  officer? 

A.  Only  those  directly  concerned  in  the  case — the  child  and  its 
parents  or  guardian,  the  complainant,  and  necessary  witnesses. 
The  curious  spectators  not  concerned  in  the  case  should  be  ex¬ 
cluded  from  the  room  where  the  hearing  is  held. 

Q.  What  is  the  process  of  bringing  a  child  into  the  Juvenile 
Court  ? 

A.  First,  a  petition  is  filed  by  any  one  having  knowledge  that  a 
child  is  within  the  jurisdiction  of  the  Juvenile  Court  law.  Then  a 
summons  is  issued  to  the  parent  or  guardian,  instructing  him  to 
bring  the  child  into  court  on  a  certain  day.  Such  summons  may 
be  mailed  to  the  parent  or  it  may  be  served  by  the  sheriff  or  some 
other  officer  designated  by  the  Juvenile  Court  judge.  If  such 
summons  is  not  obeyed,  or  if  the  court  has  reason  to  believe  that 
a  summons  will  not  be  sufficient,  he  may  issue  a  warrant,  direct¬ 
ing  the  sheriff,  or  other  officer  designated,  to  take  the  child  into 
custody.  While  the  hearing  is  pending  the  child  may  be  released 
in  the  custody  of  the  parent  or  some  other  person,  or  placed 


5 


under  the  supervision  of  the  probation  officer,  or  he  may  be  held 
under  bail.  As  a  condition  to  retaining  the  custody  of  his  child, 
the  parent  may  be  required  to  give  bond  for  his  appearance. 

Q.  Should  a  child  be  confined  in  a  jail  or  lock-up  while  await¬ 
ing  the  Juvenile  Court  hearing? 

A.  It  is  unlawful  for  a  child  to  be  confined  in  any  penal  institu¬ 
tion  where  he  may  come  in  contact  with  persons  convicted  or 
charged  with  crime.  Usually  the  child  may  remain  in  its  own 
home  until  the  case  is  heard.  It  may  be  placed  in  a  detention 
home  or  a  boarding  home. 

Q.  What  is  a  detention  home? 

A.  A  detention  home  is  a  home  provided  by  the  county  and 
supervised  by  a  matron  or  superintendent.  It  is  conducted  as  an 
agency  of  the  court  for  the  temporary  detention  of  dependent, 
neglected  and  delinquent  children. 

Q.  What  is  a  boarding  home  for  children? 

A.  A  boarding  home  is  a  suitable  private  home  where  a  child 
may  be  kept  pending  a  Juvenile  Court  hearing,  or  commitment  to 
an  institution,  and  for  whose  care  a  reasonable  amount  of  board 
may  be  paid  by  the  child’s  parents  or  guardian,  or  from  county 
funds  if  authorized  by  the  judge  of  the  Juvenile  Court. 

Q.  What  are  the  essential  facts  a  Juvenile  Court  judge  should 
have  before  he  can  proceed  intelligently  in  any  given  case? 

A.  A  detailed  knowledge  of  the  child  himself,  including  a 
physical  and  mental  examination  and  study  of  his  behavior,  de¬ 
velopmental  history,  school  career,  and  religious  background; 
knowledge  of  his  environment,  including  his  family  and  home 
conditions,  and  an  estimate  of  the  essential  causal  factors  respon¬ 
sible  for  his  behavior. 

Q.  Who  supplies  the  Juvenile  Court  judge  with  these  facts? 

A.  The  probation  officer  upon  a  thorough  investigation  before 
the  hearing. 

Q.  Why  are  these  facts  necessary? 

A.  In  order  that  the  judge,  together  with  the  probation  officer, 
may  decide  upon  a  course  of  treatment  which  will  remove  the 
cause  of  delinquency  or  neglect,  and  best  help  and  protect  the 
child  and  society. 


6 


Q.  How  should  a  Juvenile  Court  hearing  be  conducted? 

A.  The  hearing  should  be  private,  with  only  those  present  who 
are  directly  concerned  in  the  case.  Witnesses  should  not  be  al¬ 
lowed  in  the  court  room  except  when  testifying.  No  child  should 
be  required  to  take  the  formal  court  oath.  One  or  both  parents 
or  the  legal  guardian  of  the  child  should  be  required  to  be  present. 
The  hearing  should  be  conducted  with  as  little  formality  as  possi¬ 
ble,  the  purpose  being  to  prevent  the  child  being  tried  and 
treated  as  a  criminal.  In  every  case  the  court  should  explain  to 
the  child  and  parents  the  nature  of  the  proceedings  and  the  dispo¬ 
sition  made  of  the  case. 

Q.  What  disposition  may  be  made  of  a  case  of  delinquency? 

A.  Dispositions  vary  with  individual  cases,  according  to  cir¬ 
cumstances,  but  as  a  general  rule  the  following  types  of  disposi¬ 
tions  may  be  made: 

1.  The  child  may  be  discharged  with  reprimand. 

2.  The  child  may  be  placed  on  probation. 

3.  The  child  may  be  required  to  make  reparation  for  damage 
done  to  property. 

4.  The  child  may  be  removed  from  parents  or  guardian  and 
placed  with  relatives,  or  in  a  private  family'. 

5.  The  child  may  be  sent  to  an  institution. 

Q.  What  is  the  most  frequent  disposition  and,  generally,  the 
most  desirable? 

A.  To  place  the  child  on  probation. 

Q.  What  is  meant  by  placing  the  child  on  probation? 

A.  Probation,  as  it  relates  to  children,  may  be  defined  as  a  sys¬ 
tem  of  treatment  for  the  delinquent  child  by  means  of  which  the 
child  remains  in  his  ordinary  environment  and,  to  a  great  extent, 
at  liberty,  but,  throughout  a  probation  period,  subject  to  the 
watchful  care  and  personal  influence  of  an  agent  of  the  court 
known  as  the  probation  officer.  It  is  a  process  of  educational 
guidance  through  friendly  supervision. 

Q.  What  is  the  chief  function  of  probation? 

A.  Every  person’s  habits  and  conduct  are  largely  influenced 
by  the  social  agencies  of  the  community  in  which  he  lives,  which 
include,  among  others,  the  home,  the  church,  the  school,  indus¬ 
try,  recreation,  etc.  To  a  considerable  extent  delinquency  is  due 
to  a  failure  on  the  part  of  one  or  more  social  agencies  to  con¬ 
tribute  their  part  toward  the  wholesome  development  of  the 


( 


individual.  The  function  of  probation,  therefore,  is  to  secure  the 
sympathetic  support  of  all  the  social  agencies  of  the  community 
in  the  treatment  of  the  delinquent  child,  and  to  surround  him 
with  a  network  of  favorable  influences  which  will  enable  him  to 
maintain  normal  habits  of  life. 

Q.  Is  it  desirable  to  have  both  men  and  women  probation 
officers? 

A.  Yes.  As  a  usual  thing,  women  should  be  in  charge  of  girls 
and  men  in  charge  of  boys,  though  pre-adolescent  children  can 
frequently  be  successfully  handled  by  probation  officers  of  either 
sex. 

Q.  What  are  some  of  the  social  agencies  in  the  community  that 
the  probation  officer  will  find  helpful  in  his  work? 

A.  Rotary,  Kiwanis,  Lions,  and  Civitan  Clubs;  the  Boy  Scouts, 
the  Girl  Scouts;  the  school,  church  organizations,  especially  for 
young  people ;  social  service  departments  of  women’s  clubs,  and 
others. 

Q.  How  does  the  probation  officer  keep  in  touch  with  a  child  on 
probation? 

A.  By  frequent  visits  to  the  child  in  his  own  home,  in  which 
the  child  is  questioned  and  the  parents  consulted  as  to  the  child’s 
behavior.  Teachers  should  also  be  seen  occasionally  about  the 
conduct  of  the  child  in  the  school  and  on  the  playground.  Every 
effort  should  be  made  by  the  probation  officer  to  get  the  confidence 
of  the  child  on  probation,  to  secure  the  child’s  interest  and  co¬ 
operation  in  his  own  treatment,  and  to  build  up  a  feeling  of 
comradeship  between  them,  such  as  a  Boy  Scout  feels  toward  his 
scoutmaster. 

Q.  How  long  should  a  child  be  kept  on  probation? 

A.  It  varies  with  the  individual  case.  In  some  cases  a  few 
months  will  be  sufficient.  Others  may  require  several  years. 

Q.  Is  probation  in  juvenile  delinquency  cases  a  success? 

A.  No  figures  are  available  for  North  Carolina,  but  in  New. 
York,  in  1919,  eighty  per  cent  of  the  cases  were  regarded  as  suc¬ 
cessful,  while  in  1918,  in  the  Chicago  Juvenile  Court,  the  percent¬ 
age  of  successful  cases  reached  above  ninety.  In  the  Juvenile 
Court  of  Richmond,  Va.,  about  sixty  per  cent  of  the  probation 
cases  make  good.  What  criminal  court  can  show  such  a  record 
for  sentenced  prisoners? 


8 


Q.  Can  probation  be  made  a  success  in  North  Carolina? 

A.  The  success  of  probation  depends  to  a  large  extent  upon  the 
personality,  the  enthusiasm,  and  the  faith  of  the  Juvenile  Court 
judge  and  the  probation  officer.  Judges  who  believe  that  proba¬ 
tion  is  “letting  a  youthful  criminal  go  free,”  and  probation  officers 
who  feel  that  a  delinquent  child  should  be  hustled  off  to  some 
institution,  need  not  expect  much  results  from  probation.  The 
proper  plaW' for  training  a  child  is  in  his  own  home  and  in  his  own 
community,  and  if  all  the  social  agencies  and  individuals  together 
in  a  community  cannot  supply  wholesome  interests  and  activities 
for  the  adventuresome  spirit  of  youth,  and  inspire  in  the  child 
respect  for  the  law  and  loyalty  to  the  customs  of  the  community, 
we  may  well  call  democracy  a  failure. 

Q.  When  should  a  child  be  sent  to  an  institution? 

A.  Institutional  care  should  be  utilized  only  when  careful  study 
that  includes  a  knowledge  of  the  needs  and  possibilities  of  the 
individual  clearly  indicates  the  necessity  for  it,  or  when  repeated 
attempts  to  adjust  the  child  to  home  life  in  the  community  have 
failed. 

Q.  What  institutions  are  there  for  delinquent  white  boys  in 
North  Carolina? 

A.  Jackson  Training  School,  located  at  Concord,  N.  C.  The 
General  Assembly  of  1923  authorized  a  school  (second)  to  be 
located  somewhere  in  the  eastern  part  of  the  State. 

Q.  What  is  the  institution  for  delinquent  white  girls  in  North 
Carolina? 

A.  Samarcand  Manor,  at  Samarcand,  N.  C. 

Q.  Is  there  an  institution  for  delinquent  Negro  boys? 

A.  Such  an  institution  was  authorized  by  the  General  Assem¬ 
bly  of  1921  and  an  appropriation  made,  but  so  far  little  has  been 
done.  A  site  has  not  yet  been  selected. 

Q.  Is  there  an  institution  for  delinquent  Negro  girls? 

A.  No.  However,  the  State  Federation  of  Colored  Women’s 
Clubs  has  bought  some  property  for  this  purpose  and  is  working 
to  establish  an  institution  for  training  delinquent  colored  girls. 

Q.  What  institution  takes  neglected  and  dependent  white  chil¬ 
dren  in  North  Carolina,  and  places  them  out  for  adoption  in  pri¬ 
vate  homes? 

A.  The  North  Carolina  Children’s  Home  Society,  at  Greens¬ 
boro,  N.  C. 


9 


Q.  Has  the  judge  of  the  Juvenile  Court  any  authority  to  order 
a  child  flogged,  either  by  its  parents  or  by  a  court  officer? 

A.  No.  The  parents  of  a  child  have  the  right  to  administer 
reasonable  discipline  in  their  own  home,  but  a  Juvenile  Court 
judge  cannot  order  that  a  child  should  be  whipped  even  by  its 
parents. 

Q.  When  should  fines  be  imposed? 

A.  Never  in  children’s  cases.  Restitution  or  reparation  should 
be  required  in  cases  where  they  seem  to  have  disciplinary  value 
or  to  instill  respect  for  property  rights. 

Q.  What  records  should  be  kept  by  the  Juvenile  Court? 

A.  A  brief  record  of  each  case  should  be  entered  in  the  regular 
Juvenile  Court  record.  A  full  record  of  the  investigation  and 
disposition  of  the  case,  together  with  all  petitions,  summonses, 
orders,  etc.,  issued  by  the  court,  should  be  kept  in  files  of  the 
Superintendent  of  Public  Welfare. 

Q.  Are  Juvenile  Court  records  open  to  inspection  by  the  public? 

A.  All  records  may  be  withheld  from  indiscriminate  public 
inspection  in  the  discretion  of  the  judge  of  the  court. 

Q.  When  should  a  case  be  settled  out  of  court? 

A.  Since  the  aim  of  the  Juvenile  Court  is  to  prevent  the  child 
from  becoming  a  confirmed  delinquent,  the  probation  officer 
should  strive  to  forestall  the  necessity  of  bringing  the  child  into 
court.  He  will,  therefore,  settle  many  minor  cases  out  of  court. 

Q.  What  should  be  the  relation  of  the  policeman  to  the  Juvenile 
Court? 

A.  The  duty  of  the  policeman  should  be  to  aid  in  the  prevention 
of  juvenile  delinquency  on  his  beat.  Except  in  case  of  serious 
acts  of  delinquency  by  older  children,  the  policeman  should  not 
make  arrests,  but  should  report  delinquents  to  the  probation 
officer.  In  all  cases  he  should  report  immediately  to  the  proba¬ 
tion  officer  or  the  Juvenile  Court.  The  placing  of  a  child  in  the 
city  jail  or  lock-up  with  adult  offenders  is  itself  a  violation  of  law. 

Q.  What  are  the  chief  qualifications  for  a  good  probation 
officer? 

A.  The  probation  officer  must  have  the  spirit  of  the  artist 
working  with  human  clay.  He  must  be  human;  he  must  work 


10 


with  his  heart  as  well  as  with  his  head.  He  must  be  religious  in 
its  broadest  and  best  sense.  He  must  have  faith  in  humanity, 
especially  in  boys  and  girls.  He  must  be  an  expert  in  child  life 
and  child  nature.  He  must  be  able  to  grasp  facts  quickly,  and 
must  have  a  great  deal  of  tact  and  diplomacy,  unusual  memory, 
ability  to  get  around  quickly  and  to  “get  in.”  Above  all,  he 
must  be  actuated  by  genuine  sympathy  and  spirit  of  service. 

Q.  What  are  the  chief  qualifications  of  a  good  Juvenile  Court 
judge? 

A.  Legal  training,  acquaintance  with  social  problems,  a  sym¬ 
pathetic  understanding  of  child  psychology,  and,  above  all,  faith 
in  probation  as  a  constructive,  regenerative  force  in  the  lives  of 
boys  and  girls  who  have  gone  astray. 

Q.  What  was  done  with  delinquent  children  before  we  had  a 
Juvenile  Court  system? 

A.  Usually  nothing  was  done  until  the  child  became  a  serious 
offender.  Then,  if  he  was  without  relatives  or  friends  with  money 
or  influence,  he  was  not  infrequently  sent  to  jail  to  await  trial  and 
occasionally  was  sent  to  the  roads. 

Q.  Can  we  say  that  North  Carolina’s  Juvenile  Court  system  is 
successful? 

A.  Compared  with  our  former  method  of  handling  children,  the 
Juvenile  Court  is  a  success.  Measured  by  any  standard,  it  is  a 
success  wherever  we  have  a  good  County  Superintendent  of  Pub¬ 
lic  Welfare  and  a  sympathetic  Juvenile  Court  judge.  Wherever 
the  system  is  failing  to  work  with  reasonable  success,  it  is  due  to 
the  inefficiency  of  officials,  or  a  lack  of  proper  facilities  for  hand¬ 
ling  difficult  cases. 


11 


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